Guns: Is there a middle way?

As both sides harden their positions over what to do about guns in America, it might be well to move beyond the hysteria to see if there might be some middle ground that could suggest a rational solution.

By JIM COOGAN

capecodtimes.com

By JIM COOGAN

Posted Feb. 12, 2013 at 2:00 AM

By JIM COOGAN

Posted Feb. 12, 2013 at 2:00 AM

» Social News

As both sides harden their positions over what to do about guns in America, it might be well to move beyond the hysteria to see if there might be some middle ground that could suggest a rational solution.

The discussion over firearms possession has for too long been controlled by the extremes. From people like Texas gun advocate Alex Jones, who sees a tyrannical government ready to take away his arsenal of weapons, to the recent overreaction by school authorities in Pennsylvania, who suspended a 5-year-old girl for mentioning she had a bubble-shooting

toy shaped like a gun, we

seem to have lost the ability

to intelligently discuss the issue.

Few Americans are calling for the complete elimination of all individually owned firearms. They accept the Supreme Court decision that individuals have the constitutional right to possess them. And a large percentage of gun owners clearly recognize that some regulations are necessary, whether it be licensing, proper training, or storage.

A recent CNN poll found that 10 percent of Americans would eliminate all guns. Almost 80 percent believe that gun ownership is appropriate but with at least some government regulation. And 10 percent feel that there should be no regulations on gun ownership. Unfortunately, the 10 percent on each end of the issue end up driving the argument to the point where the 80-percent position gets marginalized.

The anti-gun people have to accept that the right of individuals to own guns is protected by the Second Amendment. And until the Supreme Court rules otherwise, that is the law of the land. The overwhelming majority of gun owners are responsible people and they should not be judged by the acts of those who commit crimes with firearms. But responsible gun owners

should recognize that the strongest gun laws are only

as effective as the least

restrictive ones in adjacent

jurisdictions.

Chicago, with some of the most stringent firearms regulations in America, is awash in guns purchased largely in nearby Cook County suburbs and from Indiana. Massachusetts, a strict gun-regulation state, sees a lot of guns coming in from New Hampshire. The need for uniform federal regulation of firearms should be evident. The so called "gun show loophole," where in some states anyone can buy a gun without a background check, needs to be closed. A permanent national data base of people who shouldn't have access to guns should also be established.

The Second Amendment is no different from any other constitutional guarantees. Just as the First Amendment allows some limits on free speech (national security, incitement to an illegal act) religion (polygamy, human sacrifice, illegal drugs) and press (libel, obscenity) so also is there a reasonable expectation that government can put limits on the right to bear arms.

While some federal gun regulations have successfully been challenged in the courts, the right of the government to regulate firearms has been repeatedly upheld.

It would seem then that the issue for most gun owners is not regulation per se, but to what extent the government can go in controlling firearms in this country. Only the most rabid gun rights enthusiasts would claim that large capacity, semi-automatic guns like the Bushmaster AR-15 are "sporting purpose" weapons. Those arguing that this kind of weapon is necessary for self defense typically see government agents swooping in under the cover of night to confiscate all their guns. The fact that even with over 100,000 soldiers we were

never able to take away the guns of the Iraqis makes that argument moot. And as for

self defense in the home, an eight-round Smith & Wesson 357 should be more than

adequate.

The 80 percent majority needs to be more vocal about what will happen relative to eventual gun regulation in America. Up to now, they've largely been silent.

Jim Coogan is a Cape Cod Times columnist. His column runs every other Tuesday. Reach him at P.O. Box 1181, East Dennis, MA 02641 or email him at coogan206@gis.net.